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n** exceeding thirty dafcs, in. tfce recess of the." house- only: They may gJ>a»t such licences as' shall be directed by-laws* and shall have power to call together the general assembly whew necessary, before the day. to which they shall stated. adjourned. The president shall be commander in chief of the forces of th« state, but shall not command in person, except advised thereto by the council, and then only so long as they . shall approve thereof. , The president and council shall have a secretary, and keep sair books of their proceedings., wherein any counsellor may enter his dissent, with his reasons in support of it. ... .
..Serf. 21. All commiffions shall be in the name, and by the authority of the freemen of the commonwealth of Pennsylvania,-sealed with the state seal, signed by the presiderft or vice-president, and attested by the secretary; which seal shall .be kept by the'council.
. Se&. 2.2. Every officer of state, whether judicial, or executive,. shall be liable to be impeached by the general assembly, either when in the office, or after his resignation, or removal for rhal-administration: All impeachments shall be before the president or" vice-president and council, who> shall hear and determine the samel
Sett. 23* The judges' of the supreme court of judicature ftall have fixed salaries, be commissioned for seven years only, though capable of re-appointment at the end of that term, but removeable for misbehaviour at any time by the general assembly; they shall not be allowed to sit as members i«the continental congress, executive council, or general assembly, nor to hold any other office civil or military; nor to take or receive fees or perquisites of any kind.'
. Serf. 24. The supreme court, and the several courts Of common pleas of this commonwealth, shall, besides the! powers usually exercised by such courts, have the powers of a court of chancery, so sar as relates to the perpetuating testimony, obtaining evidence from places not within this state, and the care of the persons and estates of those wh6 are non compotes mentis^ and such other powers as may be found riecesiary by suture*general aflemblies, not inconsistent with this constitution.
Seel. 25. Trials shall be by jury as heretofore: And it is recommended to the legislature of this state to provide by law against every corruption or partiality in the choice, return, or appointment of juries. .. n..
: Sett. 26. Courts of sessions, common pleas, and orphans courts shall be held quarterly in each city and county; and legislature shall have power to establish all such other courts as they may judge for the good of the inhabitants of the state. All courts shall be open, and justice shall be impartially administered, without corruption or unnecessary delay: All their ., .' officers officers (hall be paid an adequate but moderate compensation for their services: And is any officer shall take greater or other fees than the laws allow him, either directly or indirectly, it shall ever after disqualify: him. from holding any osfice in this (Sate. . :'>': ', '.''•>
. Seel. 27. All prosecutions shall commence in the name and. by the authority of the freemen of the commonwealth of Penwsylvania; and all indictments shall conclude with these words, ** Against the. peace and dignity of the fame." The sty le.; of. alt. process hereafter in this state. shall be,, the commonwealth of Pennsylvania; • ..'. ,...'. -. .
Seel. 28. The.person of a debtor, where there is not a strong presumption of fraud,, (hall not be continued in prison, after delivering up, honafidti, all his estate, real and personal, sou the use of his creditors, in such manner as (hall be hereaftec regulated by lawi All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the.proof isevidenti or presumption great
SeihTS). Exceffive bail shall not be exacted for bailable offences: And all sines shall be moderate.
Seih 30. Justices of the peace shall be elected by the freeholders of each city and county respectively, that is to fays two or more persons may be chosen for each ward, township, or district, as the law (hall hereafter direct: And their names shall be returned to the president in council, who shall com* miffionate one or more of them for each ward, township, or district so returning, son seven years, removable for misconduct by the general assembly: But is any city or county, warity township, or district in this commonwealth, shall hereafter incline to change the manner of appointing their justices of the peace, as settled in this article, the general assembly may make laws to regulate the same, agreeable to the desire of a majority of the freeholders of the city! or coanty, ward,, townfeip, dr district so applying: No justice ©f the peace (hall fit in the general assembly, unless, be first resign his commiffion, nor (hay he be allowed to take any sees, nor any salary or allowance, except such as the future legislature may grant.
Seel. 21 - Sheriffs and coroners shall be elected annually in eafeh city and county^ by the freemen; that is to say, two'perisons for. each osfice, one of whom for each, is to be commiffioned by the president in council. No person shall continue in the effice of sheriff more thart.three succeffive years, or be capable of being again elected during four years, afterwards. The election smil be held at the fame time and place appointed for the election of repTesewative&; And the qommUSoners and assessors, and other officers chosen by the people,. shall also be then' and there elected, as has been usual heretofore, until e altered altered or otherwise regulated by the future legislature of this state.
Sect. 32. All elections, whether by the people or irt general assembly, shall be by ballot, free and voluntary: And any elector, who shall receive any gift or reward for his vote, in meat, drink, monies, or otherwise, shall forseit his right to elect for that time, and suffer such other penalty as suture laws shall direct. And any person who shall directly or indirectly give, promise, or bestow any such rewards to be elected, shalt be thereby rendered incapable to serve for the ensuing year.
Sett. 33. All sees, licence money, fines, and forseitures heretofore granted, or paid to the governor, or his deputies for the support of government, shall hereafter be paid into the public treasury, unless, altered or abolished by the suture legislature. 1 , .':
Sect. 34. A register-'s office for the probate of wills, and granting letters of administration, and an office for the recording of deeds, shall be kept in each city and county: The officers to be appointed by the general assembly, removeabte at their pleasure, and to be commiffioned by the president in council.
Sect. 35. The printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any part of government.
Sect. 36. As every freeman to preserve his independence (if without a sufficient estate) ought to have some proseffion, calling, trade or sarm, whereby he may honestly subsist, there can be no neceffity for, nor use in establishing offices of profit j the usual effects of which are dependence and servility, unbecoming freemen, in the possessors and expectants j faction, contention, corruption, and disorder among the people. But if any man is called into public service, to the prejudice of his private affairs, he has a right to a reasonable compensation: And whenever an office, through increase of fees, or otherwise, becomes so profitable as to occasion many to apply for it, the profits ought to be lessened by the legislature.
Sect. 37. The suture legislature of this state, shall regulate entails in such a manner as to prevent perpetuities.
Sect. 38. The penal laws as heretofore used, shall be reformed by the legislature of this state, as soon as may be, and punishments made-in some cases less sanguinary, and in general more proportionate to the crimes.
Sect. 39. To deter more effectually from the commiffion of crimes, by continual visible punishment of long duration, and to make sanguinary punishments less necessary, nouses ought to be provided for punishing by hard labour, those who sttall be convicted of crimes not capital; wherein the criminals shall be employed for the benefit of the public, or for reparation of : . '. injuries injuries done to private persons; And all persons at proper times shall be admitted to see the prisoners at their labour.
Sett. 40. Every officer, whether, judicial, executive, or military, in authority under this commonwealth, shall take the following oath or affirmation of allegiance, and general oath of office, before he enter on the execution of his office: The oath or affirmation of allegiance. "I do swear (or
affirm) That I will be true and saithsul to the commonwealth of Pennsylvania: And that I will not directly or indirectly do any act or thing prejudicial or injurious to the constitution or government thereof, as established by the convention.'* The oath or affirmation of office. "I do swear (or affirm)
That I will saithsully execute the office of for the . . .
of and will do equal right and justice to all men to the
best of my judgment and abilities, according to law."
Se£l. 41. No public tax, custom, or contribution shall be imposed upon, or paid by the people of this state, except by a law for that purpose, And before any law be made for railing it, the purpose for which any tax is to be raised ought to appear clearly to the legislature to be of more service to the community than the money would be, if not; collected; which being well observed, taxes can never be burdens. :". , - .
Sett- 42. Every foreigner of good character, who comes to fettle in this state, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold, and transser land or other real estate; and after one year's residence shall be deemed a free denizen thereof, a^id intitled to all the rights of a natural horn subject of this state, except that he shall not be capable of being elected a representative, until after two years residence.
St8. 43. The inhabitants of this state shall have liberty to fowl and hunt in seasonable times on the lands they .hold, and on all other lands therein, not inclosed; and in like manner to fish in all boatable waters, and others, not private property.
Seel. 44. A school or schools shall be established in each county by the legislature, for the convenient instruction, of" youth, with such salaries to the masters paid by the public, as may enable them to instruct youth at low prices: And all usesul learning shall be duly encouraged and promoted in one or more universities. ,
Seel. 45. Laws for the encouragement of virtue, and prevention of vice and immorality, shall be made and constantly kept in force, and provision shall be made for their due execu,tion: And all religious societies or bodies of men heretofore united or incorporated for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which they were accustomed to enjoy*
or -or could of right'have enjoyed, tinder the laws and forme* constitution of this state.
Seft. 46. The declaration of rights is hereby declared to hor a part of the constitution of this commonwealth, and ought never to be" violated on any pretence whatever.
'•Sets. 47. In order that the freedom of this commonwealth •may be preserved inviolate . for ever, there shall be .chosen: by 'ballot by thefreemen in each city and county respectively, on •the"second .Tuesday in October, in theyearone thousand seven •hundred" and eighty three, and on the second Tuesday in October in every seventh year thereafter, two persons in each city \and county of this state, to be called, The Council ef Cenfirt; who shall meet together on the second Monday of November, "next ensuing their election; the majority of whom shall be a quorum in every case, except as to calling a convention, in whichtwo thirds of the whole number elected shall agree; and .whose duty it shall be to enquire whether the constitution has ieen preserved inviolate in every part? And whether the legislative -and executive branches of government have performed, their duty as guardians of the people, or assumed to themselves, *onexerciscd other or greater powers than they are entitled to by .the constitution: They are also to enquire whether the public taxes liave been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been .disposed of, and whether the laws have been duly executed. :For these purposes they shall have power to send for persons, papers, and records; they shall have authority to pass public .censures, to order impeachments, and to recommend to the legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution: These powers they (hall continue to have, for and during the soace of one yeaMrom the day of their election, and no longer The said council of censors shall also have power to calLa convention, to meet within two years after their fitting, if there appear to them an absolute neceffity of amending any article os the constitution which may be desective, explaining such as may be thought not clearly expressed, and of adding such as are necessary for the preservation of the rights and happiness df the people: But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may, have aa
.opportunity of instructing their delegates on the subject.
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